(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless otherwise provided by statute, by the Delaware Uniform Rules of Evidence, by these rules, or by order for cause. The Court may, for good cause shown in compelling circumstances and upon appropriate safeguards, permit presentation of testimony in open court by contemporaneous transmission from a different location.
Rule 43.Taking of testimony; conferences during trial
Part VI: Trials · Last amended April 4, 1997 · Last verified July 28, 2026
In one sentenceRule 43 requires trial testimony to be taken in open court unless a statute, the evidence rules, these rules, or a for-cause order says otherwise, allows remote testimony in compelling circumstances, requires most sidebar and chambers conferences during trial to be recorded, and covers affirmations, motion evidence, and court-appointed interpreters.
Full Text of Rule 43
(b) Conferences during trial. All sidebar conferences and chambers conferences during trial shall be recorded unless the trial judge determines, in advance, that neither evidentiary nor substantive issues are involved.
(c) Affirmation in lieu of oath. Whenever under these Rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(d) Evidence on motions. When a motion is based on facts not appearing of record the Court may hear the matter on affidavits presented by the respective parties, but the Court may direct that the matter be heard wholly or partly on oral testimony or deposition.
(e) Interpreters. The Court may appoint an interpreter of its own selection and may fix reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the Court may direct, and may be taxed ultimately as costs, in the discretion of the Court.
Amendment History
Amended, effective Jan. 1, 1967; May 1, 1984; Jan. 1, 1991; Apr. 4, 1997.
Plain-English Summary
Rule 43(a) sets the default: witness testimony at trial happens in open court, unless a statute, the Delaware Uniform Rules of Evidence, these rules, or an order entered for cause say otherwise. The Court can depart from that default for good cause shown in compelling circumstances, and with appropriate safeguards, allowing testimony by contemporaneous transmission from a different location instead of live in the courtroom.
Rule 43(b) requires sidebar and chambers conferences held during trial to be recorded, unless the trial judge decides in advance that neither evidentiary nor substantive issues are involved in a given conference. Rule 43(c) allows a solemn affirmation in place of an oath wherever these rules call for one.
Rule 43(d) addresses how the Court handles a motion resting on facts outside the existing record: the Court can hear the matter on affidavits from each side, or direct that it be heard wholly or partly through oral testimony or deposition. Rule 43(e) lets the Court appoint an interpreter of its own choosing and set reasonable compensation, payable from funds provided by law or by one or more parties as the Court directs, with the cost taxable as costs in the Court's discretion.
Frequently Asked Questions
Does trial testimony have to be given in person, in the courtroom?
Rule 43(a) sets that as the default, but the Court may permit testimony by contemporaneous transmission from a different location for good cause shown in compelling circumstances, with appropriate safeguards.
Are sidebar conferences during trial recorded?
Rule 43(b) requires it, unless the trial judge determines in advance that a particular conference involves neither evidentiary nor substantive issues.
Can I use an affirmation instead of swearing an oath as a witness?
Yes. Rule 43(c) allows a solemn affirmation to be accepted in lieu of an oath wherever these rules require one.
How does the Court handle a motion that depends on facts not already in the record?
Rule 43(d) allows the Court to hear the matter on affidavits from the parties, or to direct that it be heard wholly or partly on oral testimony or deposition.
Who pays for a court-appointed interpreter under Rule 43?
Rule 43(e) allows compensation to come from funds provided by law or from one or more of the parties as the Court directs, and the cost may be taxed as costs in the Court's discretion.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: testimony in open court delawareremote testimony delaware civil trialrecorded sidebar conferences trialaffirmation instead of oath delawarecourt appointed interpreter delaware civil